2021 (9) TMI 1495

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Satya Deo Ojha, Counsel. ORDER HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. This writ petition is filed by petitioner-The Oriental Insurance Company Limited (hereinafter referred to as "Insurance Company") challenging the impugned order dated 04.01.2020 passed by Permanent Lok Adalat, Muzaffarnagar, whereby the claim of Respondent-1, Smt. Sanjesh, was allowed and petitioner-Insurance Compan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ore, the claim was time barred. 3. Sri S.D. Ojha, learned counsel appearing for Respondent-1, has opposed the above contention of learned counsel for petitioner. He relied on the finding of Permanent Lok Adalat that claim was filed merely with a delay of 15 days and also relied on a judgment passed by Division Bench of this Court in Gautam Yadav vs. State of U.P. and others, 2020(11) ADJ 321 wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Policy which specifically bar the consideration of claim by Court concerned even beyond the period of two months. The decision passed in Gautam Yadav (supra) is stayed by the Apex Court in Special Leave Petition (Civil) No. 7647 of 2021 by order dated 12.08.2021, though the payment was made by the Insurance Company. Considering that delay in filing the claim petition is just above one month and....